Opinion

Frank v. Board of Chosen Freeholders

  • 39 N.J.L. 347
Court
Supreme Court of New Jersey
Filed
Jun 15, 1877
Status
Published
Author
Dixon
On the bench
Dixon, Reed
Cited by
2 cases

The opinion

Dixon, J.,

(dissenting.) I dissent from the conclusion of my brethren in this case.

I think that the case of Swmmerman v. Knowles, 4 Vroom 202 , decides that the third section of the mechanics’ lien law, out of which alone the plaintiffs’ right of action can arise, applies only to such buildings as are included in the second section, which, in my opinion, are, by the express terms of that section, only those liable to the lien of the contractor, but, by reason of the filing of the contract, liable to no one else. I assent to the views stated in the first part of the prevailing opinion, which, I think, lead to the conclusion that the buildings mentioned in the declaration, being buildings devoted to the public uses of the county, are, for that reason, not liable to any mechanics’ lien, and hence are not embraced in the second section or referred to in the third.

I think the defendant should have judgment on the demurrer.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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